Billy Abraham not guilty of intoxicated manslaughter; guilty DWI

Margaret Abraham reaches out and hugs her son Wlliam D. "Billy" Abraham as his father Sib Abraham looks on after the younger Abraham was found guilty of DWI and not intoxicated manslaughter like the prosecution was looking for.

After a "hard-fought trial," a jury on Friday found local businessman William D. "Billy" Abraham not guilty of intoxicated manslaughter but did convict him of driving while intoxicated.

Abraham was on trial in the death of Jay Grady, 47, who was stuck and killed on Paisano Drive in July 2010. He still faces a charge accident involving injury or death. No date has been set for that trial.

As the bittersweet verdict was read by Judge Patrick Garcia in the 348th District Court, Abraham closed his eyes and took a deep breath before embracing his lawyers.

Abraham's family gave a collective sigh of relief that could be heard in the gallery as Abraham fought back tears.

According to the charge, the jury felt Abraham was driving drunk but it was not the cause of the accident.

"From what we saw, this was an unavoidable accident," DeGuerin said.

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DeGuerin said the jury came up with the right verdict after a long week.

"We just thanked (the jury) for their time, we didn't really question them (after the trial)," DeGuerin said. "I don't think it was an immediate unanimous jury. But it didn't take them long to come up with a verdict."

Throughout the trial, DeGuerin said that the defense was not contesting that Abraham was drunk on the night his truck hit Grady. Instead, the argument was that the accident was Grady's fault because he "jumped" in front of Abraham's truck, DeGuerin said.

"Billy Abraham never saw that man," DeGuerin said. "He came in so quick. No one would have been able to avoid it."

During closing arguments, DeGuerin told jurors that the accident would have happened if Abraham "was drinking iced tea all night."

Abraham's blood alcohol content was at 0.20, which was more than twice the legal limit of 0.08 to drive. Grady's blood alcohol content was at 0.23.

DeGuerin had asked jurors to give Abraham two years of probation, but instead the jury sentenced Abraham to the maximum six months in jail and ordered him to pay a $2,000 fine.

During the punishment phase, Assistant District Attorney Denise Butterworth told jurors she was "disappointed" in the verdict but would trust the system. She then asked for the maximum of six months in jail.

During her closing arguments, Butterworth said the accident was "both their faults" and she asked the jury to hold Abraham accountable for part.

Abraham will have to report to the court on Monday to be taken into custody by the El Paso County Sheriff's Office.

He can remain free on a $1,000 bond while his lawyers appeal the sentencing. If he loses the appeal, he will have to serve the full six months of his punishment.

Abraham and his father, local attorney Joseph "Sib" Abraham, declined to speak following the trial.

Relatives of Grady, who was originally from Abilene, have filed a lawsuit against Billy Abraham. It is scheduled to go to trial in November.